손해배상(기)
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. Following the counterclaim filed by this court.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. The reasoning of this Court to state on the part of organizing the basic facts and the allegations of the parties is as follows, and the reasoning of the first instance judgment is as stated in Articles 420 and 420 of the Civil Procedure Act. Thus, this Court shall accept it as it is, in accordance with
(Madm.) The fifth through fifth of the judgment of the court of first instance are as follows.
"1) The instant dynaium only used dynaium as dynaium, and does not contain CMF/MIT ingredients. Even if it is acknowledged that dynaium contains CMIT/MIT ingredients, its content is extremely insignificant to human body. Therefore, the instant dynaium products cannot be deemed as defective or harmful products solely on the ground that CMIT/MIT ingredients are mixed with the instant dynaium products. Furthermore, the Regulations of the Ministry of Food and Drug Safety (Rules on the Indication of Non-pharmaceutical Products and the Regulation on the Examination of Report of Product License for Non-pharmaceutical Products) regulate the composition and content of the dynaium as dynaium, without any separate provision regarding dynaium, and the Defendant also obtained marketing approval from the Seoul Local Food and Drug Administration for the instant dynaium products.
Therefore, the manufacture of the instant pharmaceutical product does not violate the statute.
Even if we interpret Marymanium used as the crynaium of this case as the preservation agents prohibited by the regulation on the examination for reporting marketing approval of non-pharmaceutical drugs, the above regulation of the Ministry of Food and Drug Safety announced after September 25, 2015, is applicable to the product manufactured before September 25, 2015 among the crynaium of this case, and thus, it cannot be viewed as a violation of the law.
The 5th to 14th of the first instance judgment are as follows.
"5 The defendant sold to the plaintiff 19,912 "Cump" on September 2016 KRW 34,826,088, and all the above fumption.